Southern Railway Co. v. Routh

(dissenting) : At the point in question, the railroad company claims a right-of-way, under the charter of its predecessor, of 100 feet upon each side of the center of its main line. Within that space, on the southwest side of the railroad, the defendant has erected a fence and a small building; the fence is parallel with and 42 feet from the main line track, and extends 206 feet from the building in a southeast direction; the main front of the building, 24 feet, is also parallel with and 42 feet from the main line, and has an extension of a room or piazza 3.5 X 17.5 feet.

The action by the…